BILL NUMBER: SB 770	CHAPTERED  07/26/99

	CHAPTER   188
	FILED WITH SECRETARY OF STATE   JULY 26, 1999
	APPROVED BY GOVERNOR   JULY 26, 1999
	PASSED THE SENATE   JULY 8, 1999
	PASSED THE ASSEMBLY   JUNE 30, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999

INTRODUCED BY   Senator McPherson

                        FEBRUARY 24, 1999

   An act relating to the DeLaveaga Park Property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 770, McPherson.  DeLaveaga Park Property:  conveyances:
recreational use.
   Under existing law, the state owns or leases real property within
the so-called DeLaveaga Park Property in the City of Santa Cruz, as
described in Exhibit A attached to a decree issued May 27, 1898, by
the Superior Court for the City and County of San Francisco, and is
generally obligated to use that real property for a camp of
instruction for the National Guard.  The state is obligated to
reconvey the real property, which it received from the City of Santa
Cruz and the County of Santa Cruz in 1901, to the city when it is no
longer necessary for use as a camp of instruction, subject only to
the condition that the real property be used by the city in
perpetuity for public recreational purposes.  A portion of the
state-owned property has been leased to the City of Santa Cruz
pursuant to the June 29, 1967, Lease Exchange Agreement between the
state and the city and is used by the city as part of the DeLaveaga
Golf Course.  The city also leased real property within the DeLaveaga
Park Property to the state pursuant to that agreement.
   This bill would express legislative intent with regard to the
DeLaveaga Park Property and would require the real property within
the DeLaveaga Park Property owned by the state to be used for a
National Guard camp of instruction and, if that use is determined by
the Adjutant General to be no longer necessary for that purpose,
would require the Department of General Services to reconvey the real
property to the city, to be used in perpetuity for public
recreational purposes.  The bill would direct the department to
convey to the city its fee interest in that portion of the DeLaveaga
Park Property currently leased to the city to be used as a
municipally owned public golf course for as long as the city
determines and, thereafter, used, in perpetuity, as a municipally
owned public recreational area, if the city simultaneously conveys in
fee to the state the portion that is currently leased to the state,
to be used for public recreational purposes.  The bill would require
that the DeLaveaga Park Property revert to the possession, control,
and ownership of the state if any of the conditions for the use of
that real property are violated.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature by this act to
honor the state's contractual obligations with regard to the
DeLaveaga Park Property in the City of Santa Cruz, as described in
Exhibit A attached to a decree issued May 27, 1898, by the Superior
Court for the City and County of San Francisco.
  SEC. 2.  (a) All real property within the DeLaveaga Park Property
owned in fee by the State of California, other than that portion
currently leased to the City of Santa Cruz, shall be used by the
state exclusively for a camp of instruction for the National Guard.
If, however, the Adjutant General determines that the real property,
within the foreseeable future, will no longer be necessary for a
National Guard camp of instruction and notifies the Department of
General Services of that determination, the Department of General
Services shall, within 180 days of that notification, convey the real
property in fee to the city, subject only to the condition that the
real property be used by the city in perpetuity for public
recreational purposes, and for no other compensation or
consideration.
   (b)  Notwithstanding any other provision of law that limits
reversionary rights to real property, including, but not necessarily
limited to, Chapter 5 (commencing with Section 885.010) of Title 5 of
Part 2 of Division 2 of the Civil Code, title to the property
described in subdivision (a) shall revert to the possession, control,
and ownership of the state if any of the conditions for the use of
that real property are violated.  If the property is conveyed to the
City of Santa Cruz, any conditions for the use of that property
prescribed in subdivision (a) shall be incorporated in the instrument
conveying the property to the City of Santa Cruz.
  SEC. 3.  (a) The Department of General Services is hereby directed,
within 180 days of the effective date of this act, to convey to the
City of Santa Cruz, in accordance with the June 27, 1967, Lease
Exchange Agreement between the state and the City of Santa Cruz, its
fee interest in that portion of the DeLaveaga Park Property that the
state is currently leasing to the city, comprising approximately 83
acres, and which the city is currently using as part of the DeLaveaga
Golf Course, if, in accordance with that agreement, the city
simultaneously conveys in fee to the State of California that portion
of the DeLaveaga Park Property that the city is currently leasing to
the State of California pursuant to the lease exchange agreement,
comprising approximately 98 acres of the "upper portion" of the
DeLaveaga Park Property, to be used by the state for public
recreational purposes.  The state's conveyance to the city shall be
conditioned upon the real property being used as a municipally owned
public golf course for as long as the city determines and thereafter
used, in perpetuity, as a municipally owned public recreational area.

   (b)  Notwithstanding any other provision of law that limits
reversionary rights to real property, including, but not necessarily
limited to, Chapter 5 (commencing with Section 885.010) of Title 5 of
Part 2 of Division 2 of the Civil Code, title to the property
described in subdivision (a) shall revert to the possession, control,
and ownership of the state if any of the conditions for the use of
that real property are violated.  If the property is conveyed to the
City of Santa Cruz, any conditions for the use of that property
prescribed in subdivision (a) shall be incorporated in the instrument
conveying the property to the City of Santa Cruz.
